WebLaw – New York Lemon Law – New and Used Cars New York Lemon Law – New and Used Cars

WebLaw – New York Lemon Law – New and Used Cars

WebLaw – New York Lemon Law – New and Used Cars

New York Lemon Law – New and Used Cars

The New York Lemon Law is designed to protect purchasers of new or used vehicles in situations where the vehicle fails to conform to the written warranties made by the manufacturer. The statute, while clear, does require action by both the consumer and manufacturer and imposes specific timeframes. A general summary of the law is presented here, but those seeking protection should consult with an attorney or the statute itself before taking action.

To obtain protection under the New York New Car Lemon Law (General Business Law section 198-a), several conditions must satisfied.

• First, the law protects only consumers who buy or lease a vehicle for personal use.
• Second, the vehicle must have been covered by a warranty at the time of its delivery to the consumer

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• Third, for new vehicles, the law covers defects that arise during the first 18,000 miles or two years from delivery, whichever occurs first. For used vehicles, the duration of the warranty depends on miles of operation. However, there is no warranty for vehicles over 100,000 miles.
• Fourth, the vehicle must have been bought in, leased in, or be currently registered in New York State. For a used vehicle, the purchase price or lease value must be at least $1,500.
• Fifth, the defect or condition must “substantially impair” the value of the vehicle. A “substantial impairment” is not defined under the statute and is fact-specific. For example, courts have found that serious problems, such as engine defects or even the cumulative effects of lesser problems, can satisfy the requirement.